Amarmeet Singh vs State

Muzaffar Hussain Attar, J.—Despite opportunity reply affidavit has not been filed. The petitioner on recommendation of the Service

Selection Board has been appointed as Laboratory Assistant vide order dated 13th October, 2010 issued by Director School Education, Jammu.

On his appointment as Laboratory Assistant, Chief Education officer, Poonch accorded sanction for his adjustment on regular basis and posted

him in HSS, Chandak.

One of the conditions in the aforesaid order dated 1st November, 2010 issued by Chief Education officer, Poonch is that the DDO shall not

draw the salary of the appointee till Character and the Antecedents are verified by the Addl. DG of police (CID), Jammu.

The petitioner has placed on record the certificate issued by the Principal Govt. Hr. Sec. School Chandak (O) Poonch. In this certificate which

is enclosed as Annexure ""B"" of the writ petition, it is certified by Principal that the petitioner has joined in the Institution on 1st November, 2010

and is ever since working in the said Institution. The certificate has been issued on 20th September, 2013. It is stated in the certificate that the

salary of the petitioner could not be drawn as verification of his antecedents has not been done till date by the concerned authority.

Mr. S.S. Lehar learned Sr. counsel for the petitioner submitted that a case FIR No. 90/2009 is registered in police station, Poonch under

section 341/323/34 in which petitioner is also accused. It is further submitted that after completion of investigation Challan has been filed in the

court of learned Chief Judicial Magistrate, Poonch. Learned Sr. counsel submitted that it appears for this reason, verification of Character and

antecedents is not being done. Learned Sr. counsel submitted that the offences with which the petitioner is charged with is not of serious nature and

should not come in the way of the authority to draw the salary in favour of the petitioner.

After the petitioner was selected on the basis of his merit for being appointed on the post of Laboratory Assistant by Service Selection Board,

his appointment to the said post could defer until such time Character and Antecedents were verified by the concerned authority. It would again

require to be seen as to whether in view of the pendency of the criminal case which is not of serious nature, the appointment of the petitioner on the

post of Laboratory Assistant would defer. Every such case would be governed by its own facts.

The petitioner suffers for the in action on part of the respondents. On the recommendation of Service Selection Board, petitioner has been

appointed on the post of Laboratory Assistant and in view of the certificate dated 20th September, 2013 placed on record, the petitioner after his

appointment has joined in the Institution of the respondent No. 5 on 1st November, 2010 and is discharging duties.

A person after discharging his duties on the appointed post becomes legally eligible to receive the salary attached to the post in accordance with

rules. Admittedly, petitioner has discharged his duties ever since his joining the Institution of respondent No. 5. The salary can be stopped only in

terms of prescribed rules and not otherwise. The salary is the property of the petitioner and he has right to receive the same is his fundamental right

in terms of Article 19 of the Constitution of India. The salary of an employee may be stopped, but for that it has to be shown that same is

authorized by the rules and the rules have to be followed.

In the facts of this case only reason given for non-payment of the salary is non-furnishing of the verification report in respect of the petitioner. As

already stated, petitioner has discharged his duties, not paying of salary in the facts of this case would tantamount to taking Begar from the

petitioner which is forbidden under Article 23 of the Constitution of India. Even the allegation leveled in police case against the petitioner are of a

trifle nature and such type of allegations cannot come in the way of the petitioner for receiving his salary.

In the facts and circumstances of this case, the condition in the adjustment/posting order that the ""DDO shall not draw the salary of the

appointee till character certificate and the antecedents are verified by the Addl. DG of Police (CID), Jammu"" is held to be un-just for the reason

that it affects the right of the petitioner to receive the salary.

For the above stated reasons, this writ petition alongwith connected CMA(s) is disposed of and respondents more particularly respondents 2

and 5 are directed to forthwith release the salary of the petitioner in respect of the post of Laboratory Assistant from 1st November, 2010 till date

and in future also in accordance with rules. Salary be released within four weeks from the date copy of this order is served.

Registry to provide copy of this order to Mr. Ravinder Sharma, learned AAG within two days time. Disposed of alongwith connected

CMA(s).